Crown didn't prove case, judge says in Frost acquittal

Neco Cockburn, Canwest News Service11.27.2008

A judge is expected to issue a decision Friday in the sexual exploitation case involving David Frost, shown here in leaving the courthouse on Oct, 15. Frost faces four sexual exploitation charges dating back to the early 1990s. Frost acted as an agent for former NHL players Mike Danton and Sheldon Keefe.

NAPANEE, Ont. — Calling it a case that exposed the "dark and very unhealthy side of hockey," a judge has acquitted former junior 'A' hockey coach and NHL agent David Frost of sexual exploitation in relation to allegations he participated in three-way sex with two of his former players and their ex-girlfriends.

Justice Geoffrey Griffin announced his lengthy decision in front of a packed courtroom Friday, saying the Crown had not proved beyond a reasonable doubt that Frost committed four counts of sexual exploitation in relation to allegations he participated in three-way sex in the 1990s with two of his former Quinte Hawks players and their ex-girlfriends, who were teenagers at the time.

A woman in the courtroom called Frost a "scumball" after the verdict was read.

Frost didn't react as he heard the decision and said nothing as he left the courthouse in front of a large pack of media.

Frost's lawyer, Marie Henein, said the judge gave "very lengthy, thoughtful, exhaustive reasons. He considered all the evidence."

Assistant Crown Attorney Sandy Tse did not comment as he left court.

During a two-week trial that started in October, the Crown had argued Frost, 41, was able to sexually exploit the two players because of the amount of control he had over them.

Frost claimed the alleged sex did not happen, and was backed up the former players, who said they did not participate in three-way sex with the coach, as described by their former girlfriends.

That turned the case "upside down," according to the judge, since the Crown was asking him not to believe testimony from the alleged victims while the defence asked him to believe the men.

Griffin cited several problems with the testimony of both the women and men.

Jennifer Hicks had told the court that there were repeated three-way encounters with Frost and her boyfriend during the six years of their relationship, which started in 1996. Kristy Boyer testified she twice engaged in sex with her former boyfriend and Frost in January and March 1997.

Sexual exploitation relates to a person in a "position of trust or authority" with a young person who touches, directly or indirectly, with a part of the body or an object, a young person for a sexual purpose or who "invites, counsels or incites" a young person to touch, directly or indirectly, with a part of the body or an object, the body of another person for a sexual purpose.

Frost had faced two charges per player.

The players, who were considered the alleged victims in the case despite their denial that the incidents occurred, cannot be named due to a publication ban.

Their ex-girlfriends and former Hawks players testified about Frost being in charge of a group of five players that he brought with him to the team in 1996, when he eventually took over as coach.

Griffin acknowledged Frost was a tough and aggressive coach, but said the Crown had not proved the extent of the control it alleged, noting that it could have introduced more evidence, perhaps from the players' parents, a sports psychologist, someone familiar about the culture of hockey, or cellphone or telephone records, in order to bolster its theory about control.

The judge also said he was concerned about the reliability of testimony from several witnesses, especially Hicks. Because of the relationship she had with Boyer, her best friend since Grade 2, Judge Griffin said he was concerned about the possibility of collusion and collaboration.

Griffin noted that all the players and women who testified in the trial had gone on to live productive lives and wished them continued success.

He also aimed some of his comments at the hockey world. The trial heard from witnesses that group sex is not uncommon in hockey, sometimes involving up to five or six players and one woman.

Griffin said he was concerned over what the trial had heard about misogyny and "the use of women as sexual playthings," denouncing the treatment and calling it "extremely offensive."

However, the judge said although he condemned the activity, it was not the purpose of the trial and was outside his mandate and jurisdiction.

Nor, he said, was the purpose of the trial to make a ruling on the case that brought Frost international attention in 2004, when one of his players, Mike Danton (formerly Jefferson) was arrested for trying to hire a hitman to have Frost killed.

Danton is currently serving a seven-year sentence in a U.S. prison.

Griffin said of Danton that the "tragic story of that young hockey player is compelling" and has the hallmarks of an epic.